AG King discusses fracking at energy summit

CARLSBAD >> Clear skies, fresh water and the roar of oil and gas drills submerging thousands of feet below ground while wildlife remains minimally impacted isn't just a fantasy, according to New Mexico Attorney General Gary King.

King, attending a summit on fracking in Colorado on Wednesday, said it's an attainable goal for New Mexico, and it was the topic of debate for King and others in his cohort on Wednesday.

"I think New Mexico can be an important part of energy independence for the United States but the industry needs to be well regulated," King said. "I certainly believe that oil and gas is very important in New Mexico and we should make sure they can (operate successfully), but do it in a way that protects our groundwater."

King and attorneys from nine other states discussed policy issues and the legal landscape regarding the use of fracking at the first annual Colorado Energy Summit hosted by the Conference of Western Attorneys General in Denver.

Attorneys general or deputy attorneys general from Wyoming, Oklahoma, Arkansas, North Dakota, South Dakota, Michigan, Montana, Utah and Colorado joined King in the day-long conference. King moderated a discussion about how to collaborate with industry on the front-end of the regulatory process.

One of the issues plaguing the western states is trying to find a balance between the disclosure of chemicals used in fracking water to ensure public and environmental health is maintained under the Public Records Act, and the wishes of companies to keep their unique mixtures private.

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"I think the interesting discussion was if you require them to disclose the mixtures, you don't get newest technology because other companies (will copy it)," King said. "If you want to encourage the newest and best technology, you have to have ways to ensure that the work that they do (isn't wasted)."

Another topic of concern for the western attorneys general debated was the legality of individual counties or entire states to ban the method of fracking altogether and what legal arguments could be used in court.

"I think the goal was to figure out how we can all work together to really move towards energy sufficiency and protect our lifestyle and environment," King said. "And I don't think they are mutually exclusive."

Four counties in Colorado are embattled with the oil and gas industry after banning the practice of fracking and some want a statewide ban on the practice. The debate first began in New Mexico when Mora County in the northern part of the state became the first county in the country to institute a ban on oil and gas exploration last year.

King, whose office is not currently involved in the legal proceedings, said he wasn't concerned about the move impacting Southeastern New Mexico's thriving oil and gas industry because "Mora is not likely to have significant production."

King is optimistic about where New Mexico is headed in terms of the oil and gas industry and felt the conference was worthwhile.

"We had a very good session and I hope to bring a lot of good ideas back with me to the legislature in New Mexico," King said.

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